4.  The applicant was born in 1940 and lives in the town of Nova Kakhovka, the Kherson region.
5.  The State owns 75% of the shares in the Pivdenelektromash Company (hereafter “the Company), which is therefore subject to the moratorium on the forced sale of property of State-owned entities, barring the attachment and sale of its assets.
6.  On 5 June 2000 the Kherson Regional Court of Arbitration (hereafter “the Arbitration Court”) instituted bankruptcy proceedings against the Company and issued an injunction barring debt recovery. This decision led, inter alia, to the suspension of the enforcement of all court judgments given against the Company.
7.  Following the adoption of the ruling of the Supreme Court of Arbitration of 10 August 2000, which directed that the bankruptcy proceedings should not impede the execution of judgments awarding salary arrears, the Novokahovsky City Bailiffs’ Service (hereafter “the Bailiffs’ Service”) resumed enforcement proceedings against the Company.
8.  On 15 January 2001 the Arbitration Court approved a rehabilitation proposal and appointed a trustee to rehabilitate the Company’s business. On 17 January 2002 the court found that enforcement proceedings of any kind contradicted the June 2000 injunction, particularly in view of the pending rehabilitation programme, the success of which could be jeopardised if the Bailiffs’ actions continued (cf. Trykhlib v. Ukraine, no. 58312/00, 20 September 2005, §§ 7-14).
9.  The applicant is a former employee of the Company, against which he instituted proceeding, claiming salary arrears. On 5 December 2002 the Nova Kakhovka City Court (hereafter “the City Court”) granted this claim and awarded the applicant UAH 6,044[1]. The judgment became final and was sent to the Bailiffs’ Service for compulsory enforcement.
10.  By letters of 26 February 2003 and 15 April 2003, the Bailiffs’ Service and the Kherson Regional Department of Justice informed the applicant that the enforcement proceedings had been suspended due to the rehabilitation proceedings pending against the debtor.
11.  On 11 August 2003 the City Court rejected the applicant’s complaint about the allegedly unlawful inactivity of the Bailiffs’ Service. The court stated that there was no fault attributable to the defendant, who had to suspend the enforcement of the applicant’s award in accordance with the Bankruptcy Act 1992.
12.  On 9 December 2003 the Minister for Justice issued a circular letter, informing the Bailiffs that the injunction against debt collection in bankruptcy cases did not extend to warrants for the execution of judgments awarding salary arrears.
13.  On 15 January 2004 the Bailiffs’ Service resumed the execution proceedings in the applicant’s case. On 23 January and 10 February 2004, it ordered the attachment of the Company’s accounts. However, on 27 February 2004 the Kherson Regional Commercial Court, on the trustee’s appeal, quashed these decisions because the Bankruptcy Act envisaged the obligatory suspension of enforcement proceedings pending the resolution of a bankruptcy case. The exemption of salary arrears payments from the general injunction against debt recovery concerned only the Company’s current salary expenditures.
14.  The judgment in the applicant’s favour remains unenforced.